New York Markets After Hours

Carrying her gun to Wells Fargo got her fired

Ivette Ros brought her 9 mm everywhere, including the branch where she worked

By

ChristinaRexrode

NEW YORK (MarketWatch) — Ivette Ros carries her 9-millimeter handgun almost everywhere, saying it makes her feel safe. Then she brought it to her job at Wells Fargo, where she worked as a branch manager, and it got her fired.

So Ros is suing the bank, saying it violated her constitutional rights and other protections afforded under Florida law. The bank, which bans employees from carrying guns on company premises, replied in a court filing that only the government, not a private employer, can be sued over alleged constitutional violations. The case in Florida is unfolding as part of a bigger debate on how far the rights of gun owners extend into the workplace.

Wells Fargo & Co.
WFC, -0.68%
bans employees from bringing guns into work except in very limited cases, such as when employees are granted permission by a chief security officer at the bank. Says the bank: “Possessing firearms and weapons on company premises or at company-sponsored events is dangerous to team members and is strictly prohibited.”

Ivette Ros

Ivette Ros

Says Ros: “Excuse me for saying so, but I feel like I was screwed.”

Wells Fargo declined to comment on the specifics of Ros’ case. According to Ros, it happened like this: She had been working for about a year as a branch manager in Oldsmar, a suburb of Tampa. Sometimes she’d bring her gun with her, but leave it locked in the glove box of her Dodge Charger. Other times she’d bring it inside the bank, either strapped in a holster or tucked inside her purse.

To Ros, it seemed natural. She has a permit to carry a concealed weapon. Her father, a hunter, taught her how to shoot when she was a child. Ros said she’s never drawn a gun on anyone but likes knowing it’s an option — particularly in a bank, which could be vulnerable to robbery.

“I don’t want to be made out to be some tomb raider,” said Ros, 37 and a single mom of three. “I am a woman who would like to have an opportunity to protect herself.”

She added: “I am a single mom, I’m fairly attractive, sometimes I get unwanted advances. I just want to know that if I was ever up against any man — this isn’t about going out blazing, this is about being able to defend myself if I ever have to.”

Things started to unravel around July. Wells Fargo’s corporate security received a complaint that Ros was bringing a gun to work. So corporate security came to her branch and asked her if she had a gun in her car and if she’d ever brought it inside the building. She said yes. The following week, she was fired.

Ros said she never displayed the gun at work and isn’t sure how the bank knew about it – though she had told her boss that she had a concealed-weapons permit, she said.

If the case proceeds, it will set up a divisive debate on the intent of Florida law, where the legal system is concerned both with keeping workplaces safe and with not stepping too far into the governance of private employers.

The Florida constitution does encapsulate the right to bear arms “under the lawful authority of the state.” But Wells Fargo said in a court filing that it can’t be sued for violating constitutional rights because it’s not a government entity. Besides, Florida is a right-to-work state, which means companies have a great deal of leeway to fire workers for pretty much any reason — though Flasterstein argues that those rights don’t extend to firing someone for exercising their constitutional rights.

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